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Home My WebLink About102516 CC Action Minutes ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA OCTOBER 25, 2016– 7:00 PM 6:00 PM,- The City Council convened in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1: Conference with Real Property Negotiators. The City Council will meet in closed session pursuant to Govemment Code Section 54956.8 regarding four parcels of real property owned by the City of Temecula, as successor to the assets of the Redevelopment Agency of the City of Temecula; consisting .of approximately 1 acre (APN 922-360-004, 005, 006 & 007) located on Main Street at Mercedes Street in the City of Temecula., The parties to the negotiations for the potential sale of the property are: Marketplace Old Town, LLC.(Truax Development) and the City of Temecula. Negotiators for the City of .Temecula are: Aaron Adams, Greg Butler, and Luke Watson. Under negotiation are price and terms for the sale of the property. .2. Conference With Legal Counsel-Pendinq Litigation. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) with respect to the following matter of pending litigation: Los Ranchitos Homeowners Association v. City of Temecula, Riverside County Superior Court No. RIC1512880. At 6:00 PM Mayor Naggar called the City Council meeting to order and recessed to Closed Session to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:05 PM CALL TO ORDER: Mayor Mike Naggar Prelude Music: Gina Wingfield Invocation: Reverend Andrew J. Lesko of the St. Nicholas Greek Orthodox Church of Temecula Valley Flag Salute: Council Member Rahn ROLL CALL: Comerchero (absent), Edwards, McCracken, Rahn, Naggar Action Minutes 102516 1 PRESENTATIONS/PROCLAMATIONS Presentation of Certificates of Achievement to Brandon Beltran and Sam Holloway of Troop #334 for Attaining Eagle Scout Rank Presentation of Certificate of Appreciation to Chaparral High School Platinum Sound and Emerald Guard Presentation of Certificate of Recognition to Mercedes-Benz of Temecula for Receiving the Best of the Best Dealer Recognition Award PUBLIC COMMENTS The following individuals addressed the City Council: • Ms. Miller • Rebecca Farnbach • Richard Beck • Paul Runkle • Antony Chandler • Wayne Hall CITY COUNCIL REPORTS CONSENT CALENDAR 1 Waive Reading of Standard Ordinances and Resolutions — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken, Rahn and Naggar with Council Member Comerchero absent. RECOMMENDATION: 1.1 That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 2 Approve the Action Minutes of October 11, 2016 — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken, Rahn and Naggar with Council Member Comerchero absent. RECOMMENDATION: 2.1 That the City Council approve the action minutes of October 11, 2016. Action Minutes 102516 2 3 Approve the List of Demands — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken, Rahn and Naggar with Council Member Comerchero absent. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 16-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Adopt Ordinance 16-09 Adding Chapter 9.65, Prohibition Against Certain Forms of Solicitation. Lingering and Loitering on Medians, to the Temecula Municipal Code (Second Reading) — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken, Rahn and Naggar with Council Member Comerchero absent. RECOMMENDATION: 4.1 That the City Council adopt an ordinance entitled: ' ORDINANCE NO. 16-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 9.65, PROHIBITION AGAINST CERTAIN FORMS OF SOLICITATION, LINGERING AND LOITERING ON MEDIANS, TO THE TEMECULA MUNICIPAL CODE 5 Approve a Three-Year Microsoft Enterprise Renewal Agreement with Softchoice Corporation for Microsoft Software Licenses — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken, Rahn and Naggar with Council Member Comerchero absent. RECOMMENDATION: 5.1 Approve a three-year Microsoft Enterprise Renewal Agreement with Softchoice Corporation, in the annual amount of $74,639.87, for a total contract amount of $223,919.61 subject to the annual True-up cost as described in Recommendation 2; 5.2 Approve 20% of the total contract ,in the amount of $44,783.92 ,for the annual ' True-up cost for the term of the three-year agreement; 5.3 Approve the True-up cost of $10,910.68 for the last year of the five-year agreement with SoftwareOne. Action Minutes 102516 3 6 Receive Temporary Street Closures for 2016 Winterfest Events — Receive and file. RECOMMENDATION: 6.1 That the City Council receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following 2016 Winterfest Events: OLD TOWN CHRISTMAS TREE INSTALL TEMECULA ON ICE SANTA'S ELECTRIC LIGHT PARADE WINTER WONDERLAND 7 Approve the Plans and Specifications, and Authorize Solicitation of Construction Bids for Sam Hicks Monument Park Playground Enhancement, PW12-20 — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken, Rahn and Naggar with Council Member Comerchero absent. RECOMMENDATION: 7.1 Approve the Plans and Specifications, and Authorize the Department of Public Works to Solicit Construction Bids for the Sam Hicks Monument Park Playground Enhancement, PW12-20; 7.2 Make a finding that this project is exempt from CEQA pursuant to Categorical Exemption, Section 15301 Class 1(c), Existing Facilities. 8 Approve the Plans and Specifications, and Authorize Solicitation of Construction Bids for Old Town Sidewalks Improvement Project, PW15-06 — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken, Rahn and Naggar with Council Member Comerchero absent. RECOMMENDATION: 8.1 Approve the Plans and Specifications, and Authorize the Department of Public Works to Solicit Construction Bids for the Old Town Sidewalks Improvement Project, PW 15-06; 8.2 Make a finding that this project is exempt from CEQA pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Action Minutes 102516 4 9 Approve the Cooperative Work Agreement (CWA) Extension Request with Caltrans for the Highway Bridge Program Funding for Main Street Bridge Over Murrieta Creek (Replacement). PW03-05 — Approved Staff Recommendation (3-0-1, Council Member Comerchero absent and Council Member Rahn abstained due to his company's involvement in the development of the Main Street Bridge) Council Member Edwards made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken, Rahn and Naggar with Council Member Comerchero absent and Council Member Rahn abstaining. RECOMMENDATION: 9.1 That the City Council approve the Cooperative Work Agreement (CWA) Extension Request of the Agency-State Agreement No. 08-5459R, Program Supplement Agreement No. 014-N, with Caltrans for the Highway Bridge Program Funding for Main Street Bridge Over Murrieta Creek (Replacement), PW03-05. 10 Approve Amendment No. 1 to an Existing Agreement, and a New Agreement with the Riverside County Transportation Commission (RCTC) for the Use of Transportation Uniform Mitigation Fee (TUMF) - Regional Community Environmental Transportation Acceptability Process (CETAP) Funding for the French Valley Parkway Interchange — Phase I, Project PW07-04. and Phase II, Project PW16-01 — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken, Rahn and Naggar with Council Member Comerchero absent. ' RECOMMENDATION: 10.1 Approve Amendment No. 1 to Agreement No. 11-72-036-01 with RCTC to decrease the TUMF Regional CETAP Corridor Improvement funding for phase 1 of the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvement project by $1,472,509; 10.2 Approve Agreement No. 17-73-007-00 with RCTC to provide $1,472,509 in TUMF Regional CETAP Corridor Improvement funding for phase 2 of the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvement project, PW16-01. 11 Approve the Agreement for Consultant Services with T.Y. Lin International for the French Valley Parkway Interchange — Phase II, PW16-01 — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken, Rahn and Naggar with Council Member Comerchero absent. RECOMMENDATION: 11.1 Approve the Agreement for Consultant Services with T.Y. Lin International, in the amount of $3,947,823, for the preparation and development of the plans, specifications, and estimate for the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements— Phase II, PW16-01; 11.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $325,500, which is approximately 8.25% of the Agreement amount. Action Minutes 102516 5 RECESS At 7:48 PM, the City Council recessed and convened as the Temecula Community Services District Meeting and the Temecula Public Financing Authority Meeting. At 8:09 PM, the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS The following individuals addressed the City Council on Item 15: • Michael Newcomb • Aaron Walker • Ira Hecht 15 Introduce an Ordinance Prohibiting the Possession. Distribution. and Sale of Synthetic Drugs and Declaring Such Action to be a Public Nuisance (At the Request of Mayor Naggar) — Approved Staff Recommendation amending Ordinance 16-10 by deleting Sections 8.56.020(g)(1)i., the definition of Salvia Divinorum or Salvinorum A and 8.56.020(g)(1)ii., the definition of Kratom or Biak-Biak (4-0, Council Member Comerchero absent) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval by Council Members Edwards, McCracken, Rahn and Naggar with Council Member Comerchero absent. RECOMMENDATION: 15.1 That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 16-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 8.56, PSYCHOACTIVE BATH SALTS, PSYCHOACTIVE HERBAL INCENSE, AND OTHER SYNTHETIC DRUGS TO THE TEMECULA MUNICIPAL CODE City Attorney Thorson introduced and read by title only Ordinance No. 16-10. DEPARTMENTAL REPORTS 16 City Council Travel/Conference Report— October 2016 17 Community Development Department Monthly Report 18 Police Department Monthly Report 19 Public Works Department Monthly Report Action Minutes 102516 6 BOARD/COMMISSION REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson stated there were no reportable actions in regards to the Closed Session items. ADJOURNMENT At 8:36 PM, the City Council meeting was formally adjourned to an Adjourned Regular Meeting on Tuesday, November 15, 2016, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Next regular meeting: Tuesday, December 13, 2016, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Michael S. Naggar, Mayor= ' ATT T: Ran City Clerk [SEAL] Action Minutes 102516 7